Electronic terms of service govern billions of relationships worldwide, whether a user is joining a social media service, shopping online or accessing a blog. In each case, a binding contract is formed, the terms of which are usually set out in the website’s “terms of service” . But when a contract is made over the internet and there is later a dispute, whose law governs? What is the “forum” for the resolution of the dispute? What if the contract expressly designates a specific jurisdiction as the appropriate “forum”? In Douez v Facebook, Inc. (“Douez”), the Supreme Court of … Continue Reading
McCarthy Tétrault has just launched its twelfth blog, CyberLex, at http://www.canadiancybersecuritylaw.com. This blog discusses trends and developments in cybersecurity, privacy and data protection law in Canada and internationally; offers practical suggestions and insights on how these issues affect companies in a wide variety of industries; and provides guidance on how to address various challenges and opportunities created by technology and legislative developments.
In December 2014, the Office of the Privacy Commissioner of Canada (the “Commissioner”) released a report entitled Privacy and Cyber Security: Emphasizing privacy protection in cyber security activities (the “Report”), examining the common interests and tensions between privacy and cyber security.
According to the Report, as personal information is increasingly processed and stored online, privacy protection and cyber security will continue to become more interconnected. The Report states that privacy protection relies on the effective implementation of cyber security measures implemented by organizations to secure personal data and the critical infrastructure that protects data and personal … Continue Reading
As the online holiday shopping season kicks off with Cyber Monday, companies must be prepared for the risks posed by hackers. December may be the most hackable month of the year but retailers can incorporate the following practical steps, outlined by Kirsten Thompson from our firm’s Technology blog, to protect themselves from these risks. You can read the article here.… Continue Reading